How is the Workers’ Compensation Settlement Determined?

Injured workers in Illinois are entitled to 3 rights.

  1. Payment of medical bills for related treatment.
  2. 66 percent of your average weekly wage for the time your doctor has you off work.
  3. 60 percent of your average weekly wage for the value of your permanent partial disability, this is often referred to as the settlement.

There is no pain and suffering damages for workers’ compensation in Illinois.

There is no schedule of benefits for certain types of injuries; some states mandate payment of a certain amount of money for a broken leg, for instance. Illinois does not do this.

An example is that a herniated disc in the lumbar spine, without surgery, may be worth 10 percent of a person.

The Illinois Workers’ Compensation Act says your back is worth a total of 500 weeks. 10 percent equals 50 weeks.

Assume a person earned $500.00 a week for the 52 weeks before they were injured. 60 percent of $500 equals $300.

50 weeks times $300 equals $15,000.

As you can see the value of your settlement will vary dramatically based on your wage.

There is also a minimum and maximum rate used in calculating your permanency rate.

Questions about your Work Comp injury? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.